13. Arbitration Agreement & Waiver of Certain Rights.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Safeway will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or Safeway from seeking action by federal, state, or local government agencies. You and Safeway also have the right to bring qualifying claims in small claims court. In addition, you and Safeway retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Mobile Application Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Mobile Application Terms.
Neither you nor Safeway may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Safeway's individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of these Mobile Application Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Mobile Application Terms. This Section of these Mobile Application Terms will survive the termination of your relationship with Safeway.